#THE GENERAL CLAUSES ACT, 1897 
_________ 

##ARRANGEMENT OF SECTIONS 
________ 

###PRELIMINARY 

SECTIONS 

1. Short title. 
2. [Repealed.]. 

###GENERAL DEFINITIONS 

3. Definitions. 
4. Application of foregoing definitions to previous enactments. 
4A. Application of certain definitions to Indian Laws. 

###GENERAL RULES OF CONSTRUCTION 

5. Coming into operation of enactments. 
5A. [Repealed.]. 
6. Effect of repeal. 
6A. Repeal of Act making textual amendment in Act or Regulation. 
7. Revival of repealed enactments. 
8. Construction of references to repealed enactments. 
9. Commencement and termination of time. 
10. Computation of time. 
11. Measurement of distances. 
12. Duty to be taken pro rata in enactments. 
13. Gender and number. 
13A. [Repealed.]. 

###POWERS AND FUNCTIONARIES 

14. Powers conferred to be exercisable from time to time. 
15. Power to appoint to include power to appoint ex officio. 
16. Power to appoint to include power to suspend or dismiss. 
17. Substitution of functionaries. 
18. Successors. 
19. Official chiefs and subordinates. 

###PROVISIONS AS TO ORDERS, RULES, ETC., MADE UNDER ENACTMENTS 

20. Construction of orders, etc., issued under enactments. 
21. Power to issue, to include power to add to, amend, vary or rescind notifications, orders, rules or 
  bye-laws. 
22. Making of rules or bye-laws and issuing of orders between passing and commencement of 
  enactment. 
23. Provisions applicable to making of rules or bye-laws after previous publication. 
24. Continuation of orders, etc., issued under enactments repealed and re-enacted. 
25. Recovery of fines. 
26. Provision as to offences punishable under two or more enactments. 

###MISCELLANEOUS 

27. Meaning of service by post. 
28. Citation of enactments. 
29. Saving for previous enactments, rules and bye-laws. 
30. Application of Act to Ordinances. 
30A. [Repealed.]. 
31. [Repealed.]. 
THE SCHEDULE.—[Repealed.]. 



#THE GENERAL CLAUSES ACT, 1897 

##ACT NO. 10 OF 1897
[^1]

[11th March, 1897.] 

An Act to consolidate and extend the General Clauses Act, 1868 and 1887. 

  WHEREAS it is expedient to consolidate and extend the General Clauses Acts, 1868 (1 of 1868) and 
1887 (1 of 1887); it is hereby enacted as follows:— 

###PRELIMINARY 

1. **Short title.**—(1) This Act may be called the General Clauses Act, 1897;

2. *[Repeal.] Rep by the Repealing and Amending Act,* 1903 (1 of 1903), *s. 4 and the Third Schedule.*

###GENERAL DEFINITIONS 

3. **Definitions.**—In this Act, and in all Central Acts and Regulations made after the commencement 
of this Act, unless there is anything repugnant in the subject or context,— 

(1) “abet”, with its grammatical variations and cognate expressions, shall have the same meaning 
as in the Indian Penal Code (45 of 1860); 

(2) “act”, used with reference to an offence or a  civil wrong, shall include a series of acts, and 
words which refer to acts done extend also to illegal omissions; 

(3) “affidavit” shall include affirmation and declaration in the case of persons by law allowed to 
affirm or declare instead of swearing; 

(4) “barrister”  shall  mean  a  barrister  of  England  or  Ireland,  or  a  member  of  the  Faculty  of 
Advocates in Scotland; 

(5) “British India” shall mean, as respects the period before the commencement of Part III of the 
Government of India Act, 1935, all territories and places within His Majesty’s dominions which were 
for the time being governed by His Majesty through the Governor General of India or through any 
Governor or Officer subordinate to the Governor General of India, and as respects any period after 
that date and before the date of the establishment of the Dominion of India means all territories for 
the time being comprised within the Governors’ Provinces and the Chief Commissioners’ Provinces, 
except that a reference to British India in an Indian law passed or made before the commencement of 
Part III of the Government of India Act, 1935, shall not include a reference to Berar; 

[^1]. For Report of the Select Committee, see Gazette of India, Pt. V, p.77, and for Proceedings in Council see Gazette of India, 
  Pt.VI, pp. 35, 40, 56 and 76. 

  This Act has been declared to be in force in the Santhal Parganas by the Santhal Parganas Settlement Regulation, 1872 
(3 of 1872), s. 3; in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s. 2; in Khondmals District by the 
Khondmals  Laws  Regulation,  1936  (4  of  1936),  s.  3  and  the  Schedule;  and  in  the  Angul  District  by  the  Angul  Laws 
Regulation, 1936 (5 of 1936), s. 3 and the Schedule 

     The Act has been partially extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and to the new Provinces and 
Merged States by the Merged States (Laws) Act, 1949 (59 of 1949). 

     The Act has been extended to— 
       Goa, Daman and Diu with modifications by Regulation 12 of 1962, s. 3 and the Schedule; 
       Dadra and Nagar Haveli by Regulation 6 of 1963, s. 2 and the First Schedule; 
       Pondicherry by Regulation 7 of 1963, s. 3 and the First Schedule; and 
       Laccadive, Minicoy and Amindivi Islands by Regulation 8 of 1965, s. 3 and Schedule 
       Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and the fifth schedule 

    (w.e.f. 31-10-2019). 
    It has been amended in Assam by the Assam Commissioners’ Powers Distribution Act, 1939 (Assam Act 1 of 1939).

 
 

(6) “British possession” shall mean any part of Her Majesty’s dominions exclusive of the United 
Kingdom, and where parts of those dominions are under both a Central and a Local Legislature, all 
parts  under  the  Central  Legislature  shall,  for  the  purposes  of  this  definition,  be  deemed  to  be  one 
British possession; 

(7) “Central Act” shall means an Act of Parliament, and shall include— 

  (a) an  Act  of  the  Dominion  Legislature  or  of  the  Indian  Legislature  passed  before  the 
commencement of the Constitution, and 

  (b) an  Act  made  before  such  commencement  by  the  Governor  General  in  Council  or  the 
Governor General, acting in a legislative capacity; 

(8) “Central Government” shall,— 

  (a) in  relation  to  anything  done  before  the  commencement  of  the  Constitution,  mean  the 
Governor General or the Governor General in Council, as the case may be; and shall include,— 

     (i) in  relation  to  functions  entrusted  under  sub-section  (1)  of section  124 of  the 
Government of India Act, 1935, to the Government of a Province, the Provincial Government 
acting within the scope of the authority given to it under that subsection; and 

     (ii) in  relation  to  the  administration  of  a  Chief  Commissioner’s  Province,  the  Chief 
Commissioner  acting  within  the  scope  of  the  authority  given  to  him  under  sub-section  (3) 
of section 94 of the said Act; and 

  (b) in relation to anything  done or to be done  after the  commencement of the Constitution, 
mean the President; and shall include,— 

     (i) in relation to functions entrusted under clause (1) of article 258 of the Constitution, to 
the  Government  of  a  State,  the  State  Government  acting  within  the  scope  of  the  authority 
given to it under that clause; 1*** 

     (ii) in relation to the administration of a Part C State before the commencement of the 
Constitution  (Seventh  Amendment)  Act,  1956, the  Chief  Commissioner  or  the  Lieutenant-
Governor  or  the  Government  of  a  neighbouring  State  or  other  authority  acting  within  the 
scope of the authority given to him or it under article 239 or article 243 of the Constitution, as 
the case may be; and 

     (iii) in relation to the administration of a Union territory, the administrator thereof acting 
within the scope of the authority given to him under article 239 of the Constitution; 

(9) “Chapter” shall mean a Chapter of the Act or Regulation in which the word occurs; 

(10) “Chief Controlling Revenue Authority” or “Chief Revenue Authority” shall mean— 

  (a) in a State where there is a Board of Revenue, that Board; 

  (b) in a State where there is a Revenue Commissioner, that Commissioner; 

  (c) in Punjab, the Financial Commissioner; and 

  (d) elsewhere,  such  authority  as,  in  relation  to  matters  enumerated  in  List  I  in  the  Seventh 
Schedule to the Constitution, the Central Government, and in relation to other matters, the State 
Government, may by notification in the Official Gazette, appoint; 

(11) “Collector” shall mean, in a Presidency-town, the Collector of Calcutta, Madras or Bombay, 
as  the  case  may  be,  and  elsewhere  the  chief  officer-in-charge  of  the  revenue-administration  of  a 
district; 

(12) “Colony”— 

  (a) in any Central Act passed after the commencement of Part III of the Government of India 
Act, 1935, shall mean any part of His Majesty’s dominions exclusive of the British Islands, the 
Dominions  of  India  and  Pakistan  (and  before  the  establishment  of  those  Dominions,  British 
India),  any  Dominions  as  defined  in  the  Statute  of  Westminister,  1931,  any  Province  or  State 
forming part of any of the said Dominions, and British Burma; and 

  (b) in any Central Act passed before the commencement of Part III of the said Act, mean any 
part of His Majesty’s dominions exclusive of the British Islands and of British India; 

and in either case where parts of those dominions are under both a Central and Local Legislature, all 
parts under the Central Legislature shall, for the purposes of this definition, be deemed to be one 
colony. 

(13) “Commencement” used with reference to an Act or Regulation, shall mean the day on which 
the Act or Regulation comes into force; 

(14)  “Commissioner”  shall  mean  the  chief  officer-in-charge  of  the  revenue  administration  of  a 
division; 

(15) “Constitution” shall mean the Constitution of India; 

(16) “Consular  officer”  shall  include  consul-general,  consul,  vice-consul,  consular  agent,  pro-
consul and any person for the time being authorised to perform the duties of consul-general, consul, 
vice-consul or consular agent; 

(17) “District Judge” shall mean the Judge of a principal Civil Court of original jurisdiction, but 
shall  not  include  a  High  Court  in  the  exercise  of  its  ordinary  or  extraordinary  original  civil 
jurisdiction; 

(18) “document” shall include any matter written, expressed or described upon any substance by 
means of letters, figures or marks, or by more than one of those means which is intended to be used, 
or which may be used, for the purpose of recording that matter; 

(19) “enactment”  shall  include  a  Regulation  (as  hereinafter  defined)  and  any  Regulation  of  the 
Bengal, Madras or Bombay Code, and shall also include any provision contained in any Act or in any 
such Regulation as aforesaid; 

(20) “father”,  in  the  case  of  any  one  whose  personal  law  permits  adoption,  shall  include  an 
adoptive father; 

(21) “financial year” shall mean the year commencing on the first day of April; 

(22) a thing shall be deemed to be done in “good faith” where it is in fact done honestly, whether 
it is done negligently or not; 

(23) “Government”  or  “the  Government”  shall  include  both  the  Central  Government  and  any 
State Government; 

(24) “Government  securities”  shall  mean  securities  of  the  Central  Government  or  of  any  State 
Government, but in any Act or Regulation made before the commencement of the Constitution shall 
not include securities of the Government of any Part B State; 

(25) “High Court”, used with reference to civil proceedings, shall mean the highest Civil Court of 
appeal  (not  including  the  Supreme  Court)  in  the  part  of  India  in  which  the  Act  or  Regulation 
containing the expression operates; 

(26) “immovable property” shall include land, benefits to arise out of land, and things attached to 
the earth, or permanently fastened to anything attached to the earth; 

(27) “imprisonment” shall mean imprisonment of either description as defined in the Indian Penal 
Code (45 of 1860); 

(28) “India” shall mean,— 

  (a) as  respects  any  period  before  the  establishment  of  the  Dominion  of  India, British  India 
together  with  all  territories  of  Indian  Rulers  then  under  the  suzerainty  of  His  Majesty,  all 
territories under the suzerainty of such an Indian Ruler, and the tribal areas; 

  (b) as  respects  any  period  after  the  establishment  of  the  Dominion  of  India and  before  the 
commencement of the Constitution, all territories for the time being included in that Dominion; 
and 

  (c) as respects any period after the commencement of the Constitution , all territories for the 
time being comprised in the territory of India; 

(29) “Indian  law”  shall  mean  any  Act,  Ordinance,  Regulation,  rule, order,  bye-law  or  other 
instrument which before the commencement of the Constitution, had the force of law in any Province 
of India or part thereof, or thereafter has the force of law in any Part A State or Part C State or Part 
thereof, but does not include any Act of Parliament of the United Kingdom or any Order in Council, 
rule or other instrument made under such Act; 

(30) “Indian State” shall mean any territory which the Central Government recognised as such a 
State before the commencement of the Constitution, whether described as a State, an Estate, a Jagir 
or otherwise; 

(31) “local  authority”  shall  mean  a  municipal  committee,  district  board,  body  of  port 
Commissioners or other authority legally entitled to, or entrusted by the Government with, the control 
or management of a municipal or local fund; 

(32) “Magistrate” shall include every person exercising all or any of the powers of a Magistrate 
under the Code of Criminal Procedure for the time being in force; 

(33) “master”, used with reference to a ship, shall mean, any person (except a pilot or harbour-
master) having for the time being control or charge of the ship; 

(34) “merged territories" shall mean the territories which by virtue of an order made under section 
290A  of  the  Government  of  India  Act,  1935,  were  immediately  before  the  commencement  of  the 
Constitution being administered as if they formed part of a Governor's Province or as if they were a 
Chief Commissioner's Province; 

(35) “month” shall mean a month reckoned according to the British calendar; 

(36) “movable property” shall mean property of every description, except immovable property; 

(37)  “oath”  shall  include  affirmation  and  declaration  in  the  case  of  persons  by  law  allowed  to 
affirm or declare instead of swearing; 

(38) “offence” shall mean any act or omission made punishable by any law for the time being in 
force; 

(39) “official Gazette” or “Gazette” shall mean the Gazette of India or the Official Gazette of a 
State; 

(40) “Part” shall mean a part of the Act or Regulation in which the word occurs; 

(41) “Part A State” shall mean a State for the time being specified in Part A of the First Schedule 
to the Constitution, as in force before the Constitution (Seventh Amendment) Act, 1956, “Part B 
State” shall mean a State for the time being specified in Part B of that Schedule and “Part C State” 
shall mean a State for the time being specified in Part C of that Schedule or a territory for the time 
being administered by the President under the provisions of article 243 of the Constitution; 

(42) “person”  shall  include  any  company  or  association  or  body  of  individuals,  whether 
incorporated or not; 

(43) “Political Agent” shall mean,— 

  (a) in relation to any territory outside India, the Principal Officer, by whatever name called, 
representing the Central Government in such territory; and 

  (b) in  relation  to  any  territory  within  India  to  which  the  Act  or  Regulation  containing  the 
expression does not extend, any officer appointed by the Central Government to exercise  all or 
any of the powers of a Political Agent under that Act or Regulation; 

(44) “Presidency-town” shall mean the local limits for the time being of the ordinary original civil 
jurisdiction of the High Court of Judicature at Calcutta, Madras or Bombay, as the case may be; 

(45) “Province”  shall  mean  a  Presidency,  a  Governor’s  Province,  a  Lieutenant  Governor’s 
Province or a Chief Commissioner's Province; 

(46) “Provincial Act” shall mean an Act made by the Governor in Council, Lieutenant Governor 
in Council or Chief Commissioner in Council of a Province under any of the Indian Councils Acts or 
the Government of India Act, 1915, or an Act made by the  Local  Legislature or the Governor of a 
Province  under  the  Government  of  India  Act,  or  an  Act  made  by  the  Provincial  Legislature  or 
Governor of a Province or the Coorg Legislative Council under the Government of India Act, 1935; 

(47) “Provincial Government” shall mean, as respects anything done before the commencement 
of  the  Constitution,  the  authority  or  person  authorised  at  the  relevant  date  to  administer  executive 
Government in the Province in question; 

(48) “public nuisance” shall mean a public nuisance as defined in the Indian Penal Code (45 of 
1860); 

(49) “registered”, used with reference to a document, shall mean registered in India under the 
law for the time being in force for the registration of documents; 

(50) “Regulation”  shall  mean  a  Regulation  made  by  the  President under article 240 of the 
Constitution  and  shall  include  a Regulation made by the President under article 243 thereof and a 
Regulation  made  by  the  Central  Government  under  the  Government  of  India  Act,  1870,  or  the 
Government of India Act, 1915, or the Government of India Act, 1935; 

(51) “rule” shall mean a rule made in exercise of a power conferred by any enactment, and shall 
include a Regulation made as a rule under any enactment; 

(52) “schedule” shall mean a schedule to the Act or Regulation in which the word occurs; 

(53) “Scheduled District” shall mean a “Scheduled District” as defined in the Scheduled Districts 
Act, 1874; 

(54) “section” shall mean a section of the Act or Regulation in which the word occurs; 

(55) “ship” shall include every description of vessel used in navigation not exclusively propelled 
by oars; 

(56) “sign”,  with  its  grammatical  variations  and  cognate  expressions,  shall,  with  reference  to  a 
person who is unable to write his name, include “mark”, with its grammatical variations and cognate 
expressions; 

(57) “son”, in the case of any one whose personal law permits adoption, shall include an adopted 
son; 

(58) “State”— 

  (a) as  respects  any  period  before  the  commencement  of  the  Constitution  (Seventh 
Amendment) Act, 1956, shall mean a Part A State, a Part B State or a Part C State; and 

  (b) as respects any period after such commencement, shall mean a State specified in the First 
Schedule to the Constitution and shall include a Union territory;

(59) “State Act” shall mean an Act passed by the Legislature of a State established or continued 
by the Constitution; 

(60) “State Government”,— 

  (a) as respects anything done before the commencement of the Constitution, shall mean, in a 
Part  A  State,  the  Provincial  Government  of  the  corresponding  Province,  in  a  Part  B  State,  the 
authority  or  person  authorised  at  the  relevant  date  to  exercise  executive  government  in  the 
corresponding Acceding State, and in a Part C State, the Central Government;

  (b) as  respects  anything  done after  the  commencement  of  the  Constitution and  before  the 
commencement  of  the  Constitution (Seventh Amendment) Act, 1956, shall mean, in  a  Part  A 
State,  the  Governor,  in  a  Part  B  State,  the  Rajpramukh,  and  in  a  Part  C  State,  the  Central 
Government; 

  (c) as  respects  anything  done  or  to  be  done  after  the  commencement  of  the  Constitution 
(Seventh Amendment) Act, 1956, shall mean, in a State, the Governor, and in a Union territory, 
the Central Government; 

and shall, in relation to functions entrusted under article 258A of the Constitution to the Government 
of India, include the Central Government acting within the scope of the authority  given to it under 
that article; 

(61) “sub-section” shall mean a sub-section of the section in which the word occurs; 

(62)  “swear”,  with  its  grammatical  variations  and  cognate  expressions,  shall  include  affirming 
and declaring in the case of persons by law allowed to affirm or declare instead of swearing; 

(62A) “Union  territory”  shall  mean  any  Union  territory  specified  in  the  First  Schedule  to  the 
Constitution  and  shall  include  any  other  territory  comprised  within  the  territory  of  India  but  not 
specified in that Schedule;

(63) “vessel” shall include any ship or boat or any other description of vessel used in navigation; 

(64) “will” shall include a codicil and every writing making a voluntary posthumous disposition 
of property; 

(65)  expressions  referring  to  “writing”  shall  be  construed  as  including  references  to  printing, 
lithography,  photography  and  other  modes  of  representing  or  reproducing  words  in  a  visible  form; 
and 

(66) “year” shall mean a year reckoned according to the British calendar.

4. **Application of foregoing definitions to previous enactments.**—(1) The definitions in section 3 of 
the  following  words  and  expressions,  that  is  to  say,  “affidavit”,  “barrister”, “District  Judge”, 
“father”, “immovable property”, “imprisonment”, “Magistrate”, “month”, “movable 
“movable  property”,  “oath”,  “person”,  “section”,  “son”,  “swear”,  “will”,  and  “year”  apply  also,  unless 
there  is  anything  repugnant  in  the  subject  or  context,  to  all Central Acts made  after  the  third  day  of 
January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887. 

(2) The definitions in the said section of the following words and expressions, that is to say,  “abet”, 
“Chapter”,  “commencement”,  “financial  year”,  “local  authority”,  “master”,  “offence”,  “part”,  “public 
nuisance”, “registered”, “schedule”, “ship”, “sign”, “sub-section” and “writing” apply also, unless there is 
anything repugnant in the subject or context, to all Central Acts and Regulations made on or after the 
fourteenth day of January, 1887. 

4A. **Application of certain definitions to Indian Laws.**—(1)  The  definitions  in  section  3  of  the 
expressions  “British  India”,  “Central  Act”,  “Central  Government”,  “Chief  Controlling  Revenue 
Authority”,  “Chief  Revenue  Authority”,  “Constitution”,  “Gazette”,  “Government”,  “Government 
securities”, “High Court”, “India”, “Indian Law”, “Indian State”, “merged territories”, “Official Gazette”, 
“Part A State”, “Part B State”, “Part C State”, Provincial Government”, “State” and “State Government” 
shall apply, unless there is anything repugnant in the subject or context, to all Indian laws. 

(2) In any Indian law, references, by whatever form of words, to revenues of the Central Government 
or of any State Government shall, on and from the first day of April, 1950, be construed as references to 
the Consolidated Fund of India or the Consolidated Fund of the State, as the case may be.

###GENERAL RULES OF CONSTRUCTION 

5. **Coming into operation of enactments.**— (1) Where  any Central Act is not expressed to come 
into operation on a particular day, then it shall come into operation on the day on which it receives the 
assent,— 

  (a) in  the  case  of  a  Central  Act  made  before  the  commencement  of  the  Constitution,  of  the 
Governor-General, and 

  (b) in the case of an Act of Parliament, of the President.

(3) Unless the contrary is expressed, a Central Act or Regulation shall be construed as coming into 
operation immediately on the expiration of the day preceding its commencement. 

5A. *[Coming  into  operation  of  Governor-General’s  Act.]  Rep.  by  the  A.O.  1947.  Earlier  it  was 
inserted by A.O.* 1937.

6. **Effect of repeal.**—Where  this  Act, or any Central Act or Regulation made  after  the 
commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a 
different intention appears, the repeal shall not-- 

  (a) revive anything not in force or existing at the time at which the repeal takes effect; or 

  (b) affect the previous operation of any enactment so repealed or anything duly done or suffered 
thereunder; or 

  (c) affect  any  right,  privilege,  obligation  or  liability  acquired,  accrued  or  incurred  under  any 
enactment so repealed; or 

  (d) affect  any  penalty,  forfeiture  or  punishment  incurred  in  respect  of  any  offence  committed 
against any enactment so repealed; or 

  (e) affect  any  investigation,  legal  proceeding  or  remedy  in  respect  of  any  such  right,  privilege, 
obligation, liability, penalty, forfeiture or punishment as aforesaid; 

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any 
such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been 
passed. 

6A. **Repeal of Act making textual amendment in Act or Regulation.**—Where any Central Act 
or Regulation made after the commencement of this Act repeals any enactment by which the text of any 
Central Act or  Regulation  was  amended  by  the  express  omission,  insertion  or  substitution  of  any 
matter, then, unless a different intention appears, the repeal shall not affect the continuance of any such 
amendment made by the enactment so repealed and in operation at the time of such repeal.

7. **Revival of repealed enactments.**—(1) In any Central Act or  Regulation  made  after  the 
commencement of this Act, it shall be necessary, for  the purpose of reviving, either wholly or partially, 
any enactment wholly or partially repealed, expressly to state that purpose. 

(2) This section applies also to all Central Acts made after the third day of January, 1868, and to all 
Regulations made on or after the fourteenth day of January, 1887. 

8. **Construction  of  references  to  repealed  enactments.**—(1) Where  this  Act,  or  any Central 
Act or  Regulation  made  after  the  commencement  of  this  Act,  repeals  and  re-enacts,  with  or  without 
modification,  any  provision  of  a  former  enactment,  then  references  in  any  other  enactment  or  in  any 
instrument  to  the  provision  so  repealed  shall,  unless  a  different  intention  appears,  be  construed  as 
references to the provision so re-enacted. 

(2) Where before the fifteenth day of August, 1947, any Act of Parliament of the United Kingdom 
repealed and re-enacted,  with  or  without  modification,  any  provision  of  a  former  enactment,  then 
reference  in  any Central Act or  in  any  Regulation  or  instrument  to  the  provision  so  repealed  shall, 
unless a different intention appears, be construed as references to the provision so re-enacted.

9. **Commencement and termination of time.**—(1) In any Central Act or Regulation made after 
the commencement of this Act, it shall be sufficient, for the purpose of excluding the first in a series of 
days or any other period of time, to use the word “from”, and, for the purpose of including the last in a 
series of days or any other period of time, to use the word “to”. 

(2) This section applies also to all Central Acts made after the third day of January, 1868, and to all 
Regulations made on or after the fourteenth day of January, 1887. 

10. **Computation of time.**—(1) Where, by any Central Act or  Regulation  made  after  the 
commencement of this Act, any act or proceeding is directed or allowed to be done or taken in any Court 
or office on a certain day or within a prescribed period, then, if the Court or office is closed on that day or 
the last day of the prescribed period, the act or proceeding shall be considered as done or taken in due 
time if it is done or taken on the next day afterwards on which the Court or office is open: 

  Provided  that  nothing  in  this  section  shall  apply  to  any  act  or  proceeding  to  which  the Indian 
Limitation Act, 1877 (15 of 1877), applies. 

(2) This section applies also to all Central Acts and Regulations made on or after the fourteenth day 
of January, 1887. 

11. **Measurement of distances.**—In  the  measurement  of  any  distance,  for  the  purposes  of  any 
Central Act or  Regulation  made  after  the  commencement  of  this  Act,  that  distance  shall,  unless  a 
different intention appears, be measured in a straight line on a horizontal plane. 

12. **Duty to be taken pro rata in enactments.**—Where, by any enactment now in force or hereafter 
to be in force, any duty of customs or excise, or in the nature thereof, is leviable on any given quantity, by 
weight, measure or value of any goods or merchandise, then a like duty is leviable according to the same 
rate on any greater or less quantity. 

13. **Gender and number.**—In all Central Acts and Regulations, unless there is anything repugnant 
in the subject or context,— 

(1) words importing the masculine gender shall be taken to include females; and 

(2) words in the singular shall include the plural, and vice versa. 

13A. *[References to the Sovereign.] Rep. by the A.O.* 1950. 

###POWERS AND FUNCTIONARIES 

14. **Powers conferred to be exercisable from time to time.**—(1) Where, by any Central Act or 
Regulation  made  after  the  commencement  of  this  Act,  any  power  is  conferred, then unless  a 
different intention appears that power may be exercised from time to time as occasion requires. 

(2) This section applies also to all Central Acts and Regulations made on or after the fourteenth day 
day of January, 1887. 

15. **Power  to  appoint  to  include  power  to  appoint  ex  officio.**—Where, by any Central Act or 
Regulation, a power to appoint any person to fill any office or execute any function is conferred, then, 
unless it is otherwise expressly provided, any such appointment, if it is made after the commencement of 
this Act, may be made either by name or by virtue of office. 

16. **Power to appoint to include power to suspend or dismiss.**—Where, by any Central Act or 
Regulation, a power to make any appointment is conferred, then, unless a different intention appears, the 
authority having for the time being power to make the appointment shall also have power to suspend or 
or dismiss any person appointed whether by itself or any other authority in exercise of that power. 

17. **Substitution of functionaries.**—(1) In any Central Act or Regulation made after the 
commencement of this Act, it shall be sufficient, for the purpose of indicating the application of a law to 
every person or number of persons for the time being executing the functions of an office, to mention the 
official title of the officer at present executing the functions, or that of the officer by whom the functions 
are commonly executed. 

(2) This section applies also to all Central Acts made after the third day of January, 1868, and to all 
Regulations made on or after the fourteenth day of January, 1887. 

18. **Successors.**—(1) In any Central Act or Regulation made after the commencement of this Act, it 
shall be sufficient, for the purpose of indicating the relation of a law to the successors of any functionaries 
or of corporations having perpetual succession, to express its relation to the functionaries or corporations. 

(2) This section applies also to all Central Acts made after the third day of January, 1868, and to all 
Regulations made on or after the fourteenth day of January, 1887. 

19. **Official chiefs and subordinates.**—(1)  In  any Central Act or Regulation  made  after  the 
commencement of this Act, it shall be sufficient, for the purpose of expressing that a law relative to the 
chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of 
that office in the place of their superior, to prescribe the duty of the superior. 

(2) This section applies also to all Central Acts made after the third day of January, 1868, and to all 
Regulations made on or after the fourteenth day of January, 1887. 

###PROVISIONS AS TO ORDERS, RULES, ETC., MADE UNDER ENACTMENTS 

20. **Construction  of  orders,  etc.,  issued  under  enactments.**—Where, by any Central Act or 
Regulation, a power to issue any notification, order, scheme, rule, form, or bye-law is conferred, then 
expressions  used  in  the  notification,  order,  scheme,  rule,  form  or  bye-law,  if  it  is  made  after  the 
commencement of this Act, shall, unless there is anything repugnant in the subject or context, have the 
same respective meanings as in the Act or Regulation conferring the power. 

21. **Power  to  issue,  to  include  power  to  add  to,  amend,  vary  or  rescind  notifications,  orders, 
rules or bye-laws.**—Where, by any Central Act or Regulations a power to issue notifications, 
orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner 
and  subject  to  the  like  sanction  and  conditions  (if  any),  to  add  to,  amend,  vary  or  rescind  any 
notifications, orders, rules or bye-laws so issued. 

22. **Making of rules or bye-laws and issuing of orders between passing and commencement of 
enactment.**—Where, by any Central Act or Regulation which is not to come into force immediately, 
on the passing thereof, a power is conferred to make rules or bye-laws, or to issue orders with respect to 
the application of the Act or Regulation, or with respect to the establishment of any Court or office or the 
appointment of any Judge or officer thereunder, of with respect to the person by whom, or the time when, 
or the place where, or the manner in which, or the fees for which, anything is to be done under the Act or 
Regulation, then that power may be exercised at any time after the passing of the Act or Regulation; but 
rules,  bye-laws  or  orders  so  made  or  issued  shall  not  take  effect  till  the  commencement  of  the  Act  or 
Regulation. 

23. **Provisions applicable to making of rules or bye-laws after previous publication.**—Where, by 
any Central Act or Regulation, a power to make rules or bye-laws is expressed to be given subject to 
the  condition  of  the  rules  or  bye-laws  being  made  after  previous  publication,  then  the  following 
provisions shall apply, namely:— 

(1) the authority having power to make the rules or bye-laws shall, before making them, publish a 
draft of the proposed rules or bye-laws for the information of persons likely to be affected thereby; 

(2) the publication shall be made in such manner as that authority deems to be sufficient, or, if the 
condition  with  respect  to  previous  publication  so  requires,  in  such  manner  as  the Government 
concerned prescribes; 

(3) there shall be published with the draft a notice specifying a date on or after which the draft 
will be taken into consideration; 

(4) the authority having power to make the rules or bye-laws, and, where the rules or bye-laws are 
to be made with the sanction, approval or concurrence of another authority, that authority also, shall 
consider any objection or suggestion which may be received by the authority having power to make 
the rules or bye-laws from any person with respect to the draft before the date so specified; 

(5) the publication in the Official Gazette of a rule or bye-law purporting to have been made in 
exercise  of  a  power  to  make  rules  or  bye-laws  after  previous  publication  shall  be  conclusive  proof 
that the rule or bye-law has been duly made. 

24. **Continuation  of  orders,  etc.,  issued  under  enactments  repealed  and  re-enacted.**—Where 
any Central Act or Regulation, is, after the commencement of this Act, repealed and re-enacted with or 
without  modification,  then,  unless  it  is  otherwise  expressly  provided  any appointment notification, 
order, scheme, rule, form or bye-law, made or issued under the repealed Act or Regulation, shall, so far 
as  it  is  not  inconsistent  with  the  provisions  re-enacted,  continue  in  force,  and  be  deemed  to  have 
been made or issued  under  the  provisions  so  re-enacted,  unless  and  until  it  is  superseded  by 
any appointment notification, order,  scheme,  rule,  form  or  bye-law, made or issued  under  the 
provisions  so  re-enacted and when any Central Act or Regulation, which, by  a  notification  under 
section 5 or 5A of the 8Scheduled Districts Act, 1874, (14 of 1874) or any like law, has been extended to 
any local area, has, by a subsequent notification, been withdrawn from the re-extended to such area or any 
part  thereof,  the  provisions  of  such  Act  or  Regulation  shall  be  deemed  to  have  been  repealed  and 
re-enacted in such area or part within the meaning of this section. 

###MISCELLANEOUS 

25. **Recovery of fines.**—Sections 63 to 70 of the Indian Penal Code (45 of 1860) and the provisions 
of the Code of Criminal Procedure for the time being in force in relation to the issue and the execution of 
warrants for the levy of fines shall apply to all fines imposed under any Act, Regulation, rule or bye-law, 
unless the Act, Regulation, rule or bye-law contains an express provision to the contrary. 

26. **Provision  as  to  offences  punishable  under  two  or  more  enactments.**—Where an  act  or 
omission  constitutes  an  offence  under  two  or  more  enactments,  then  the  offender  shall  be  liable  to  be 
prosecuted and punished under either or any of those enactments, but shall not be liable to be punished 
twice for the same offence. 

27. **Meaning of service by post.**—Where any Central Act or Regulation  made  after  the 
commencement  of  this  Act  authorizes  or  requires  any  document  to  be  served  by  post,  whether  the 
expression  “serve”  or  either  of  the  expressions  “give”  or  “send”  or  any  other  expression  is  used,  then, 
unless  a  different  intention  appears,  the  service  shall  be  deemed  to  be  effected  by  properly  addressing, 
pre-paying  and  posting  by  registered  post,  a  letter  containing  the  document,  and,  unless  the  contrary  is 
proved, to have been effected at the time at which the letter would be delivered in the ordinary course of 
post. 

28. **Citation of enactments.**—(1) In any Central Act or  Regulation,  and  in  any  rule,  bye-law, 
instrument  or  document,  made  under,  or  with  reference  to  any  such  Act  or  Regulation,  any  enactment 
may be cited by reference to the title or short title (if any) conferred thereon or by reference to the number 
and  year  thereof,  and  any  provision  in  an  enactment  may  be  cited  by  reference  to  the  section  or  sub-
section of the enactment in which the provision is contained. 

(2) In this Act and in any Central Act or Regulation made after the commencement of this Act, a 
description  or  citation  of  a  portion  of  another  enactment  shall,  unless  a  different  intention  appears,  be 
construed as including the word, section or other part mentioned or referred to as forming the beginning 
and as forming the end of the portion comprised in the description or citation. 

29. **Saving for previous enactments, rules and bye-laws.**—The provisions of this Act respecting the 
construction of Acts, Regulations, rules or bye-laws made after the commencement of this Act shall not 
affect  the  construction  of  any  Act,  Regulation, rule  or  bye-law  made  before  the  commencement  of this 
Act, although the Act, Regulation, rule or bye-law is continued or amended by an Act, Regulation, rule or 
bye-law made after the commencement of this Act. 

30. **Application of Act to Ordinances.**—In  this  Act  the  expression Central Act, wherever  it 
occurs, except in section 5 and the word  “Act” in clauses (9), (13), (25), (40), (43), (52) and (54) of 
section 3  and  in  section  25  shall  be  deemed  to  include  an  Ordinance  made  and  promulgated  by  the 
Governor General under section 23 of the Indian Councils Act, 1861 or section 72 of the Government of 
of  India  Act,  1915, or section 42 of  the  Government  of  India  Act, 1935 and  an  Ordinance 
promulgated by the President under article 123 of the Constitution.

30A. *[Application  of  Act  to  Acts  made  by  the  Governor-General.]  Rep.  by  the  A.O.  1937.  Earlier 
Inserted by Act 11 of 1923, s. 2 and the First Schedule.*

31. *[Construction of references to Local Government of a Province.] Rep. by the A.O. 1937. Earlier 
Inserted by Act 31 of 1920, s. 2 and the First Schedule.*


*THE  SCHEDULE.—[Enactments  repealed.]  Rep.  by  the  Repealing  and  Amending  Act,  1903  (1  of 
1903), s. 4 and the Third Schedule.*